Definitions

Question 1

EXPLOSIVE Section 2, Arms Act 1983

Answer 1

“Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect”

Includes gunpowder, nitroglycerine, dynamite, gun cotton, blasting powder, fuses, rockets, detonators, cartridges etc
Does not include any firework as defined in Section 2 of the Hazardous Substances and New Organisms Act 1996.

Question 2

PROPERTY Section 2, Crimes Act 1961

Answer 2

“Property includes any real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest.”

Question 3

CLAIM OF RIGHT Section 2, Crimes Act 1961

Answer 3

“In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed; although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.”

Question 4

Damages by Fire

Answer 4

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 5

Intent

Answer 5

A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

Question 6

Immovable Property

Answer 6

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable. In general, it relates to buildings and land and things growing on land, such as forests.

Question 7

Vehicle Sec 2 Land Transport Act 1998

Answer 7

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Question 8

Ship - Section 2, Crimes Act 1961

Answer 8

Any vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 9

Aircraft - Section 2, Civil Aviation Act 1990

Answer 9

Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.

Question 10

Obtain - Section 217, Crimes Act 1961

Answer 10

means to obtain or retain for himself/herself or for any other person.

Question 11

Benefit - Section 267(4) Crimes Act 1961

Answer 11

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 12

Person

Answer 12

Gender neutral, Proven by judicial notice or circumstantial evidence.

Question 13

Reckless

Answer 13

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.